U.S. Supreme Court,
Civil Litigation,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Mar. 28, 2018
Constitutional protection against temporary takings
A common sense conclusion lies at the heart of the Martins Beach case -- that is, the constitution does not distinguish between temporary and permanent takings.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
TAKINGS TALK
It is probably time to say a few words about a pending petition for certiorari that is getting a lot of play in the popular, as well as legal, press. The case involves Martins Beach in northern California. More particularly, it involves the question of ownership and control of access to that beach over adjacent private property.
To get the basics out of the way, it seems that a very wealthy man d...
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